[Adopted 12-6-2005 by Ord. No. 164-05]
A.
Introduction.
(1)
Municipalities have an obligation to provide for adequate
sewage treatment facilities and protection of the public health by preventing
the discharge of untreated or inadequately treated sewage as mandated by municipal
codes, the Clean Streams Law (35 P.S. § 691.1 et seq.) and the Pennsylvania
Sewage Facilities Act (35 P.S. § 750.1 et seq.).
(2)
The Jackson Township Act 537 Official Wastewater Facilities
Plan has evaluated the need to provide adequate sewage facilities and has
found the formation of an On-Lot Sewage Disposal Systems Management Program
to be an effective method of preventing and abating water pollution and hazards
to the public health.
B.
Purpose. The purpose of this article is as follows:
(1)
(2)
To provide for inspection, pumping, maintenance, and
rehabilitation of private and public on-lot sewage disposal systems; and
(3)
To establish penalties and appeal procedures necessary
for the proper administration of such a management program.
C.
Applicability. From the effective date of this article,
its provisions shall apply in all portions of Jackson Township not otherwise
served by public sanitary sewer. The provisions of this article shall apply
to all persons and all other entities owning any property serviced by on-lot
sewage disposal systems.
As used in this article, the following terms shall have the meanings
indicated:
The Act of January 24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1
et seq., known as the "Pennsylvania Sewage Facilities Act."
A certified sewage enforcement officer, code enforcement officer,
professional engineer, plumbing inspector, municipal secretary, or any other
qualified or licensed person who is delegated by the Township to carry out
the provisions of this article within specified limits.
The Board of Supervisors, Jackson Township, York County, Pennsylvania.
An authorized agent of the Township to administer and enforce other
ordinances in the Township.
Any system, whether publicly or privately owned, for the collection
of sewage from two or more lots, and the treatment and/or disposal of the
sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth of
Pennsylvania (DEP).
A system of piping, tanks, or other facilities serving a single lot
and collecting and disposing of sewage in whole or in part into the soil or
into any waters of the Commonwealth of Pennsylvania.
The condition occurring when an on-lot sewage disposal system causes
pollution to ground or surface waters, contamination of private or public
drinking water supplies, nuisance problems or is a hazard to public health.
Any septic or holding tank observed to be leaking or any instance where sewage
is backing up into a building connected to the system is considered a malfunction.
Systems shall be considered to be malfunctioning if any of the conditions
noted above occur for any length of time during any period of the year.
A comprehensive plan for the provision of adequate sewage disposal,
adopted by the Township and approved by the Pennsylvania Department of Environmental
Protection, as described in and required by the Pennsylvania Sewage Facilities
Act. Hereinafter called the "Plan," it shall mean the Jackson Township Act
537 Plan, as amended.
A comprehensive set of legal and administrative requirements encompassing
the requirements of this article and other administrative requirements adopted
by the Township to effectively enforce and administer this article.
Any system for disposal of sewage involving pretreatment and subsequent
disposal of the clarified effluence into the soil for final treatment and
disposal; including both individual sewage systems and community sewage systems.
A properly executed York County Solid Waste and Refuse Authority
sludge/septage manifest.
Person or organization licensed by the York County Solid Waste Authority
to conduct septage pumping and hauling within York County.
Work done to modify, alter, repair, enlarge, or replace an existing
on-lot disposal system.
Any substance pumped out of a septic tank.
York County Solid Waste and Refuse Authority sludge/septage manifest
form to be completed by the qualified pumper/hauler and forwarded to the Township
after each inspection and/or pumping.
Any substance that contains any of the waste products or excrement
or other discharge from the bodies of human beings or animals and any noxious
or deleterious substances being harmful or inimical to the public health,
or to animal or aquatic life, or to the use of water for domestic water supply
or for recreation or which constitutes pollution under the Act of June 22,
1937 (P.L. 1987, No. 94), known as the "Clean Streams Law," as amended.[1]
An agent of the Township, DEP certified, to issue and review permit
applications and conduct such investigations and inspections as are necessary
to implement Act 537 and the rules and regulations promulgated thereunder.
Jackson Township, York County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
An initial inspection and subsequent periodic inspections
shall be conducted when an OLSDS is pumped. Inspections shall be conducted
by a qualified pumper/hauler for the purpose of determining the functional
status of the OLSDS. The individual property owner is responsible to contact
and make arrangements directly with the pumper/hauler.
B.
A written report of the inspection shall be prepared
by the pumper/hauler and furnished to the owner of each property inspected.
The pumper/hauler shall provide a copy of the said report to the Township
within 30 days of the inspection.
C.
Written reports shall be recorded on the York County
sludge/septage manifest and report form. The pumper/hauler shall fully complete
the form to address all requested information.
D.
An authorized agent of the Township shall inspect any
OLSDS known to be, or alleged to be, malfunctioning. Should the said inspection
reveal that the system is indeed malfunctioning, the Township's authorized
agent shall take action to require the correction of the malfunction.
(1)
An authorized agent of the Township may inspect any OLSDS
at any time given reasonable notice.
(2)
An authorized agent of the Township shall have the right
to enter upon land for the purpose of inspections as described above.
(3)
Inspections by an authorized agent of the Township may
include a physical tour of the property, the taking of samples from surface
water, wells or other groundwater sources, the sampling of contents of the
OLSDS itself and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure.
A.
The Township shall notify all owners of property served
by an OLSDS that their system must be pumped by the end of the calendar year
in which the letter is received. The Township shall follow a schedule whereby
1/3 of all the owners of properties within the Township served by an OLSDS
are notified annually of the pumping requirement, such that all owners are
notified once every three years. The property owner must have his OLSDS pumped
within the time specified in the Township's letter, unless he can provide
the Township with pumping certification indicating that the OLSDS was pumped
within a one-year time period prior to the date of the Township's letter.
A copy of the fully completed septic system report shall be furnished to the
Township within 30 days of the date of the pumping. The pumper/hauler shall
mail or hand-deliver the septic system report to the Township Building; 439
Roth's Church Road, Spring Grove, PA 17362.
B.
Commencing from the date of pumping as prescribed in Subsection A above, removal of septage or other solids from treatment tanks shall be performed at least once every three years thereafter. The pumper/hauler shall furnish a copy of the septic system report to the Township within 30 days of the date of the pumping. Septic system reports may be mailed or hand-delivered as described above.
C.
The Township SEO may allow septic tanks to be pumped
out at less frequent intervals when the owner can demonstrate to the Township
SEO that the system can operate properly without the need for pump-out for
a period longer than three years. In no case shall such period extend beyond
six years. Such a request may be made after the initial pumping and inspection.
(1)
Requests must be in writing with all supporting documents
attached and submitted to the Township for due consideration by the Township
SEO. In the event the Township's SEO approves such extension, the property
owner shall be responsible to notify the Township's SEO of any change in the
conditions upon which the extension was based.
(2)
In making its determination, the Township SEO shall take
into account the sewage permit issued by the Township SEO upon installation
or rehabilitation of the system, reports of inspection and maintenance of
the system, and other relevant information, and may conduct an on-site inspection.
The applicant shall bear the cost of any inspection (surface or subsurface),
and any soil or waste sampling conducted for the purposes of evaluating the
request. The applicant shall receive a decision within 60 days of accumulation
of all necessary information by the Township SEO.
D.
Tanks shall be deemed to be pumped when all organic solids
are removed and the total average liquid depth remaining in the tank is less
than one inch.
E.
The Township may require additional maintenance activity
as needed, including, but not limited to, cleaning and unclogging of piping;
service and repair of mechanical equipment; leveling of distribution boxes,
tanks and lines; removal of obstructing roots or trees; and/or the diversion
of surface water away from the absorption area.
F.
The required frequency of pumping may be increased at
the discretion of the Township, if:
(1)
A system is found to be marginal or malfunctioning;
(2)
A system is found to be undersized;
(3)
The treatment tanks are filled with solids in excess
of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the
liquid depth of the tank;
(4)
The hydraulic load on the system increases significantly
above average;
(5)
A garbage grinder is used in the building; or
(6)
Other good cause can be shown.
G.
Any person owning a building served by an OLSDS containing
an aerobic treatment tank shall follow the operation and maintenance recommendations
of the equipment manufacturer. In no case may the service or pumping interval
for aerobic treatment tanks exceed that required for septic tanks.
H.
Any person owning a structure served by a cesspool shall
have that system pumped according to the schedule prescribed for septic tanks.
I.
Holding tanks shall be pumped out at intervals that prevent
the overflow, leakage, backup, and other malfunctions characteristic of an
overloaded system.
J.
Each time a septic tank or other subsurface waste disposal
system tank is pumped, the contracted pumper shall provide to the owner of
the system a fully completed and signed septic system report.
K.
The owner of a property upon which an OLSDS is constructed
shall maintain the area around such system so as to provide convenient access
for inspection, maintenance, and pumping; and divert surface water and downspouts
away from the absorption area and OLSDS components.
L.
Tanks shall only be pumped from/through the manhole/access
port, i.e., the largest tank opening. Tanks shall not be pumped from/through
the observation port.
M.
The owner of a property upon which an OLSDS is constructed
shall, at all times, operate and maintain the OLSDS in such condition as will
permit it to function in the manner in which it was designed and to prevent
the unlawful discharge of sewage.
A.
Only sewage and normal domestic wastes shall be discharged
into any OLSDS. The following shall not be discharged into the system:
(1)
Industrial wastes.
(2)
Automobile oil and other nondomestic oil.
(3)
Fats and grease.
(4)
Toxic or hazardous substances or chemicals, including,
but not limited to, pesticides, herbicides, acids, paints (including latex
or water-based paints), paint thinners, gasoline, and other solvents.
(5)
Clean surface or ground water, including springwater,
water from roof or cellar drains, water from basement sump pumps, and water
from french drains.
B.
All water used within a residence, including kitchen
and laundry wastes and water softener backwash, and all sewage shall be discharged
into an OLSDS treatment tank.
A.
Any OLSDS or component thereof found to be malfunctioning
shall be repaired, modified or replaced pursuant to direction of the Township
or its authorized agent and to correct the conditions causing the malfunction.
Rehabilitation shall be performed in accordance with Chapter 73, Standards
for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department
of Environmental Protection. The Township SEO shall inspect the rehabilitated
OLSDS and certify its compliance with local and state standards, including
the requirement to secure a Township permit to repair the OLSDS or component
thereof.
B.
A permit exemption declaration must be filed with the
Township's SEO a minimum of 48 hours prior to any soil fracturing or use of
the terralift procedure to an OLSDS.
When an imminent health hazard exists due to failure of a property owner
to maintain, repair, or replace an OLSDS as provided under the terms of this
article, the Township shall have the authority to perform, or contract to
have performed, the work required to abate the health hazard, pollution, or
nuisance. The owner shall be charged for the work performed, and, if necessary,
a lien shall be entered therefor in accordance with law. The Township reserves
the right to pursue all other lawful remedies.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of this article.
B.
The Township shall employ qualified individuals to carry
out the provisions of this article. Those employees may include the SEO, the
CEO, the secretary, the manager, or other qualified persons as designated
by the Township. The Township may also contract with other private qualified
persons or firms as necessary to carry out the provisions of this article.
C.
All permits, records, reports, files and other written
material relating to the installation, operation, maintenance, and malfunction
of OLSDS in the Township shall become the property of the Township. Existing
and future records shall be available for public inspection during normal
business hours at the official Township office. All records pertaining to
sewage permits, building permits, occupancy permits, and all other aspects
of the Township's sewage management program shall be made available, upon
request. A fee for copying may be charged in accordance with the Pennsylvania
Right-To-Know Law, as amended from time to time.
D.
The Township may establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township may establish a fee schedule and subsequently
collect fees to cover the cost of administering the OLSDS maintenance program.
The Township can set fees by properly enacting a resolution or ordinance.
A.
Appeals from decisions made under this article shall
be made to the Board of Supervisors in writing within 30 days from the date
of the decision in question.
B.
The appellant shall be entitled to a hearing before the
Board at its next regularly scheduled meeting, if the appeal is received at
least 14 days prior to that meeting. If the appeal is not received within
14 days of the next regularly scheduled meeting, the appeal shall be heard
at the subsequent meeting. The Township shall thereafter affirm, modify, or
reverse the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Township. Evidence may be introduced at the
hearing, provided that it is submitted with the written notice of appeal.
C.
A decision shall be rendered in writing within 60 days
of the date of the hearing. If a decision is not rendered within 60 days,
the relief sought by the appellant shall be deemed granted.
A.
Any person who shall violate or fail to comply with any
provision of this article shall, upon conviction thereof by a summary proceeding
action brought before a District Justice in the same manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be sentenced to pay a fine of not less than $100, nor more than $1,000, plus
all court costs, or imprisonment, all pursuant to the purpose and mandate
of Act No. 172 of 1996.[1] Each day's continuance of a violation of this article shall constitute
a separate offense.
[1]
Editor's Note: See 53 P.S. § 66601.
B.
The discharge by the Township of its obligations as set
forth in this article shall create no liability upon the Township, its officials,
employees or agents.
C.
All reports, inspections, appraisals, certification or
records required or produced by the Township, its officials, employees or
agents, as required by this article, shall be for the use and benefit of the
Township only and shall not be accepted, utilized or relied upon by any other
person or party by way of certification or otherwise.
The provisions of this article, so far as they are the same as those
of ordinances in force immediately prior to the enactment of this article,
are intended as a continuation of such ordinances and not as new enactments.
Provisions of this article shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense under the authority
of any ordinance.
This article shall become effective in accordance with law. The implementation
of this article and the provisions contained herein will be effective commencing
January 1, 2006.
